Management is responsible for the promotion of consistent and agreed codes of conduct and standards of behaviour within the organisation. The following disciplinary procedure sets out the action to be taken by management with a member of staff who may be guilty of misconduct or gross misconduct or whose performance or attendance is not meeting the required standards. The procedure aims to balance justice for the individual with the need for appropriate behaviour in the organisation. It is the policy of the organisation that disciplinary procedures should be fair and uniform throughout.
The purpose of this procedure is to make clear the relationship between people empowered by management to take disciplinary action and employees who are the subject of disciplinary action so that all concerned understand their rights and obligations.
This procedure has been written in the light of the requirements of the Unfair Dismissals Acts, 1977 to 2003. The procedure applies to all staff, whether full or part-time, except staff who are in their probationary period during which the Disciplinary Procedure for Probationary Employees shall apply (see earlier in Handbook).
The disciplinary procedure is designed to assist any member of staff whose conduct and/or standard of behaviour are in question, and its initiation should be seen as giving an opportunity to improve rather than as a first step in the process of sanctioning a dismissal.
It is the responsibility of management to clarify the role and responsibilities of the employee within the agreed job description and within the context of supervision.
It is the responsibility of management to:
Employees’ personal problems will, where appropriate, be taken into account.
Management considers that members of management and employees who have responsibility for implementing disciplinary procedures should have a thorough knowledge of them and know how to conduct disciplinary interviews and hearings. Management will ensure that they receive adequate training for this important responsibility.
It is not possible to list in writing every possible act or omission that will constitute misconduct. In any event, every employee is required to behave in a manner which will not endanger or inconvenience fellow employees or visitors or bring discredit to the organisation. Examples of misconduct that could lead to formal disciplinary action are as follows:
Disciplinary action is the responsibility of management or any appropriate body to which disciplinary powers have been delegated.
The following steps will be taken before a decision to impose any disciplinary sanction is taken:
The disciplinary procedure is initiated where the organisation has complaints about the conduct, attendance, time-keeping, or job performance of an employee. Full investigations will be undertaken as quickly as possible. The employee has a right to a short summary of the main areas of complaint before any meeting to deal with the complaint, unless the employer considers the matter so urgent that such a statement cannot reasonably be provided. If the statement has not been provided, the employee concerned will be informed at the beginning of the meeting of the main areas of complaint. The employee has the right to present their case and to be represented by someone they choose. A written record will be kept. There are four formal stages in the disciplinary procedure. Where the complaint is found to be justified, but does not amount to gross misconduct, the procedure will be as follows:
In the majority of cases, it is recognised that issues may be resolved informally between the employee and their Manager. As such, most issues will be dealt with through the informal procedure in the first instance. The objective of the informal discussion is to bring to the attention any deficiencies in performance, conduct or attendance and to agree a course of action to correct these shortcomings in a frank and constructive manner. If an employee’s performance and/or conduct fall below a level acceptable by the organisation, their Manager will discuss the matter with them informally by way of a meeting.
The informal discussion will:
After the discussion, brief notes will be taken and held by the Manager who led the informal discussion. Provided the staff member achieves and sustains the necessary level of improvement, no further action will be taken. If the necessary improvements have not been made within the agreed timeframe, or further issues arise during this time, then the formal disciplinary procedure will commence.
During all formal stages of the procedure a meeting will be held with the staff member. In advance of the meeting, the employee will be advised of the nature of the allegation against them, and furnished with relevant evidence where appropriate. The employee will be advised of their right to bring a representative to this meeting. At the meeting the precise details of the allegation will be put to the employee who will be invited to respond. Any responses provided will be duly considered and the meeting adjourned to allow management to make a decision on any further action to be taken. In all cases an agreed improvement plan will be agreed and documented. Details of the various warning that may be issued are provided below.
The employee will be told what to do about the situation. The warning will lapse after three months.
If the complaint persists within the period of time of the previous warning, the procedure will be repeated. This time a written warning will be given. The warning will lapse after six months.
After six months if the complaint persists, the employee is warned in writing that a further breach of discipline will lead to dismissal. The warning will lapse after six months.
If there is a further breach of discipline within the period of the previous warning, management may decide, using the procedure in clause 3 of the contract, to dismiss the employee concerned.
Warnings lapse after a fixed period of time at each stage. A first disciplinary complaint against an employee shall be treated using the first stage (oral warning) procedure, except in exceptional circumstances in the case of alleged serious or gross misconduct, when an investigation at the third or fourth stages may be initiated. There is no dismissal for first offences, except in the case of gross misconduct. Examples of serious or gross misconduct are theft and assault.
If the employee wishes to challenge a dismissal in accordance with normal procedures, the matter shall be referred to a Rights Commissioner, the Labour Court, the Labour Relations Commission or Employment Appeals Tribunal as appropriate.
The procedure for investigating and implementing the disciplinary action are as follows:
Stages 1 and 2 - Will be conducted by the immediate Manager after consultation with the Board or by the Board at the discretion of the Board.
Stages 3 and 4 - The Board, following consultation with and agreement of the Finance Subgroup of the Board, will take actions under these stages.
At any stage in the process, an employee has the right to meet with the Finance Subgroup of the Board and can be accompanied by a fellow employee or appropriate representative.